For the purpose of this chapter, the following
words and phrases shall have the meanings ascribed to them in this
section:
MASSAGE
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body,
or the rubbing, stroking, kneading, pounding or tapping of the human
body by any physical or mechanical means for any form of consideration.
MASSAGE ESTABLISHMENT
Any establishment or operation wherein a massage is administered
or is permitted to be administered, when such massage is administered
for any form of consideration.
MASSAGIST
Any person, male or female, who administers a massage for
any form of consideration.
No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of Lacey
in the County of Ocean as or for a massage establishment unless or
until there first has been obtained a license for such establishment
or premises from the Township Clerk of the Township of Lacey in accordance
with the terms and provisions of this chapter.
No person shall render or perform services as
a massagist or engage in the business of or be employed as a massagist
unless and until he or she has obtained a massagist's license from
the Township Clerk of the Township of Lacey in accordance with the
terms and provisions of this chapter. Said application shall contain
a photograph or portrait of the applicant, together with a medical
certificate showing said applicant to be in good health.
Each and every applicant for a license, either
for an establishment or premises, to be used for a massage establishment
or for a massagist's license shall set forth the following information
in writing on forms provided by the Township Clerk:
A. The name and residence address of the applicant and
all former addresses for a period of three (3) years prior to making
the application.
B. The address of the establishment or premises to be
used in the massage business and a physical description of the property
and facilities if the applicant desires a license for said establishment
or premises.
C. If the applicant desires a massagist's license, a
statement of all employment for a period of three (3) years prior
to making the application.
D. A statement as to whether or not the applicant, or
any officer or director thereof, if a corporation, has ever been convicted
of a crime in this or any other state.
The applicant for a license for a massage establishment
or premises shall pay an annual license fee of one hundred fifty dollars
($150.), which license fee shall become due on the first of January
in each year. The applicant for a massagist's license shall pay an
annual license fee of fifty dollars ($50.), which license fee shall
become due on the first of January in each year.
When an application is filed for a massage establishment
license under this chapter, the Township Committee shall fix a time
and a place for a public hearing where the applicant may present evidence
upon the question of his or her application. Not less than ten (10)
days before the date of such hearing, the Township Clerk shall cause
a notice of such hearing to be published in an official newspaper
of the township.
The provisions of this chapter shall not apply
to massage or physical therapy treatments given:
A. In the office of a licensed physician, chiropractor
or physical therapist.
B. In a regularly established medical center, hospital
or sanatorium having a staff which includes licensed physicians, chiropractors
and/or physical therapists.
C. By any licensed physician, chiropractor or physical
therapist in the residence of his patient.
A recognizable and legible sign shall be posted
at the main entrance to any building or to the portion of a building
used as a massage establishment identifying the premises as a massage
establishment, and recognizable and legible signs shall be posted
at all exits identifying each such exit. All such signs shall be posted
in accordance with all existing municipal ordinances.
Any person violating any of the provisions of
this chapter shall, upon conviction, be punished by imprisonment in
the county jail for a term not exceeding ninety (90) days, by a fine
not exceeding one thousand dollars ($1,000.) and/or by a period of
community service not exceeding ninety (90) days, in the discretion
of the Judge of the Municipal Court.